Wednesday morning I woke up in a better America when it comes to criminal justice reform. 

On Election Day, voters in states across the country said enough is enough to America’s horrific criminal justice system. They voted for reforms that will change people’s lives for the better while expanding our civil liberties and civil rights. They also voted for reform-minded law enforcement officials and against the “law and order” types who have led to America’s epidemic of mass incarceration. In other words, they rejected Donald Trump’s divisive “tough on crime” rhetoric and policies in favor of criminal justice reform and reformers. 

Here’s what we won last night in ballot initiatives.

Florida

Arguably the biggest win came in the Sunshine State. 

Florida voters passed Amendment 4, a constitutional amendment that restores the voting rights to most people convicted of felonies after they complete the full terms of their sentences. The initiative needed 60 percent to pass. It received approximately 65 percent. In one fell swoop, 1.4 million people had their voting rights restored. It is the single biggest expansion of voting rights since the passage of the 26th Amendment, which lowered the voting age to 18 years old in 1971. With its passage, Floridians cast aside a leftover vestige of southern lawmakers’ attempts to suppress black political power in the wake of passing the 15th Amendment, which granted African-Americans the right to vote. 

Voters also approved Amendment 11, the heart of which repeals a constitutional provision that prohibits lawmakers from amending criminal statutes to apply retroactively. This was an incredibly important win in the fight against mass incarceration. Now the Florida Legislature has the power to lower mandatory minimum sentencing laws and have them apply to people who are already serving harsh sentences. Lawmakers and criminal justice reform activists now have another tool to decrease the amount of people incarcerated in the state.

Louisiana

Voters in Louisiana put another nail in Jim Crow’s coffin last night by approving Amendment 2 with nearly two-thirds of the vote. 

The ballot initiative killed a racist law that allowed split juries to convict people of felonies. As Vox noted, the state’s decision to allow non-unanimous jury convictions was a way to get around the 14th Amendment to the U.S. Constitution’s requirement to include black people on juries. By requiring only 10 out of 12 jurors to convict someone of a felony, the state reduced the power of black people on juries. 

Aside from the rank racist origins of the practice, non-unanimous juries have led to gross miscarriages of justice. More than 40 percent of all those who have been recently exonerated of crimes in Louisiana were found guilty by non-unanimous juries.

Now only the state of Oregon allows a split jury verdicts to convict people of felony crimes. 

Colorado

Until last night, the state of Colorado made one exception to its prohibition of slavery inside its borders — people convicted of a crime.

Colorado is now one of the only states in the nation that forbids prison labor without pay. A similar ballot initiative failed just two yeaago, once again demonstrating how committed activism can overcome adverse odds.  

Washington

Since 2005, police in Washington state have killed over 300 people. Yet only one officer in all of these homicides has been charged with unjustifiably killing someone while on duty. He was acquitted. 

The reason for this is straightforward. The state’s legal standard in police use-of-force cases is the worst in the country. Prosecutors must prove an officer had “malice” to hold that officer accountable for an unjustifiable killing, which is nearly impossible to prove. 

The passage of Initiative 940, or I-940, with 60 percent of the vote last night should make it easier to hold officers accountable when they use deadly force inappropriately. The initiative changes the “malice” standard to one of what a “reasonable” officer would do in a similar situation. I-940, however, didn’t just change the legal standard for police use-of-force incidents. It also requires independent investigations of serious police violence as well as de-escalation and mental health training for police. 

Michigan

In a move with far-reaching racial justice implications, voters in Michigan legalized marijuana last night by a margin of 56 to 44 percent. With the passage of Proposal 1, the state will legalize, tax, and regulate adult use of marijuana, with the tax revenues of marijuana sales going to the state’s public schools, transportation funds, and local communities. 

Also importantly, Proposal 1’s passage removes one tool the state used to criminalize behavior that should be legal. In 2016, police in the state made nearly 23,500 arrests for marijuana. Black Michiganders were disproportionately targeted. Police arrest black Michiganders at a rate 2.6 times higher than whites, despite similar marijuana usage rates. 

A Note on Ohio

The news wasn’t all good on election night. 

Ohio voters rejected Issue 1, which would have turned fourth- and fifth-degree felony drug possession offenses into misdemeanors, stopped the flow of Ohioans entering prison for technical parole violations, and expanded opportunities for early release for people who participated in rehabilitative or educational programs. If enacted, Issue 1 would have put a massive dent in the addiction-to-prison pipeline while reducing the state prison population by 20 percent, saving taxpayers more than $100 million per year

Ohio is ground zero for the opioid crisis. So we will continue to fight for treatment and support — not incarceration — as the solution to addiction. 

The Road Ahead

After last night, I’m optimistic that the midterm elections of 2018 will be remembered as the day American voters continued to reject the nation’s cruel, racist, and wasteful criminal justice system. In ballot initiative after ballot initiative state voters from coast to coast, in red and blue states alike, predominately chose to bring common sense and justice back to a system deprived of both for far too long. 

The ACLU will continue to fight to ensure more states embrace our smart justice principles and reforms as we head into the pivotal 2020 elections.

Voter suppression took center stage during the 2018 midterm election cycle, with states across the country failing to make voting easily accessible for everyone eligible to cast a ballot or — worse — actively making it hard.

In Georgia’s heated gubernatorial race, for example, hundreds of voters who cast absentee ballots were nearly disenfranchised due to dubious judgments made by state officials that signatures on the ballots didn’t match those on file. For the first time, North Dakota ran an election with a voter ID law that made it difficult for many Native Americans to vote, and in Kansas, polling stations used by voters of color were moved to distant, hard-to-reach locations. Partisan gerrymandering and the assault on voting rights continue to present a generational threat to American democracy.

But last night showed that when Americans are given the opportunity to weigh in on whether they want more of their neighbors at the polling booth, the answer is a loud and resounding “yes.” In four states, ballot initiatives to strengthen voting rights passed overwhelmingly — a clear sign that Americans want those rights to be expanded, not restricted. Three other states passed measures to create independent redistricting commissions, which will help keep politics out of the process of drawing up congressional maps. A similar initiative in Utah is currently up by a razor-thin margin.

There’s a long, hard road ahead to make voting easy and accessible, but these successful ballot initiatives show progress is within reach. Here’s a closer look at what happened in these states on Tuesday, and what it means for voters:

Florida — In a marquee victory for voting rights and criminal justice reform, Florida voters passed Amendment 4 by a margin of nearly 2-1, ending blanket disenfranchisement of people with felony convictions in the state. The successful passage of Amendment 4 was the product of a years-long campaign by criminal justice and community rights advocates in the state, and it will restore the right to vote to as many as 1.4 million people with most felony convictions who’ve served their entire sentences, including parole and probation. In a single night, Floridians created the largest new group of voters since the 26th Amendment in 1971 lowered the voting age to 18. The state’s felony disenfranchisement law was a shameful legacy of the Jim Crow era, preventing as many as one out of five black voters in the state from having a say in who governs them. The impact of Amendment 4’s passage will reverberate throughout future elections in Florida, a swing state where elections are often won and lost by tiny margins.

Maryland — By passing Question 2, Maryland became the 16th state to allow Election Day registration, meaning that voters will no longer have to register weeks in advance in order to cast their ballot. In a lopsided 2-1 vote, Maryland voters have now made it possible for eligible state residents to appear in person at their polling station on Election Day, and — provided they have the right documents — to vote right after registering. Data shows that Election Day registration is particularly consequential for voters of color, who make use of the option at high rates. Republican lawmakers in the state had urged voters not to pass the measure.

Michigan — Michigan voters overwhelmingly approved Proposal 3 — often called “Promote the Vote” — which will implement sweeping changes to the state’s electoral process. Like in Maryland, voters in the state will now be able to register on Election Day, making it the 17th to offer the option. In addition, the measure will expand access to absentee ballots, create automatic voter registration procedures that will likely bring large numbers of new voters onto the rolls, allow straight-ticket voting, and ensure that Michigan residents in the military get their ballots far enough in advance to ensure their vote is counted. In addition, the state will now require post-election audits to ensure that votes were accurately counted and that voting equipment functioned appropriately. The passage of Proposal 3 is a major step forward for expanding access to the vote for eligible residents of the state.

Nevada — By a 60-40 margin, Nevada voters passed Question 5, which will establish automatic voter registration in the state. Now, anyone who receives certain services from the state Department of Motor Vehicles will be placed on voter rolls provided they are eligible. In the past, Nevada residents had to “opt-in” to be placed on the rolls, whereas now they will have to “opt-out” in order to stay off of them. This slight distinction can have a massive impact on how many people wind up registered to vote. Nevada is now the 15th state with automatic voter registration.

Colorado, Michigan, Missouri, and Utah — In a major victory in the fight against partisan gerrymandering, Colorado, Michigan, and Missouri passed ballot initiatives that will create independent redistricting commissions to determine congressional districts. This will take redistricting out of the hands of the state legislatures, which often create districts that marginalize large groups of voters in order to gain a partisan advantage. By passing these measures, these states take a large step towards removing the ability of legislators to choose their voters. In Utah, a similar initiative currently leads by a narrow margin of just over 4,000 votes — less than one percentage point.

Suppression of voters continues to be an urgent national problem with severe implications for racial justice and the fairness of our elections. But these reforms are real victories that deserve to be celebrated.

Bobby Hoffman, Advocacy & Policy Counsel, Voting Rights, ACLU

This week’s midterms should send a strong message to the political establishment that when our civil rights and civil liberties are on the line, American voters will step in. Decision-makers should be taking close note of Tuesday’s sky-high turnout, an unprecedented wave of victories for diverse candidates, and a slew of local milestones for voting rights, criminal justice, and more.

We’re here to help guide them. Below is an initial to-do list for the members of the 116th Congress. It encompasses just some of our priority bills that members should take up to help protect and expand our civil liberties.

Immigration

Tuesday night was proof that when voters are asked directly to vote on racial and discriminatory policies, they uphold the American values of liberty and justice for all. In the electoral fights where the ACLU, partners, and activists made equality the threshold question for voters, voters sided with the Constitution.

Oregonians defeated an anti-immigrant ballot measure, reaffirming no one should be targeted based on the color of their skin, their accent, or their perceived immigration status. Voters in Wake County, North Carolina stood against Trump’s deportation and detention force. Kansans refused to promote Trump accomplice Kris Kobach — notorious for his assaults on immigrants and voting rights — to governor.

To continue the momentum, the 116th Congress must rein in the unchecked abuse of immigrants by Trump’s detention and deportation force. By pushing for deep cuts to the Department of Homeland Security’s massive budget, which disproportionately allocates funds to Immigration and Customs Enforcement and Customs and Border Protection, we will effectively defund these sub-agencies that serve as vehicles for implementing Trump’s anti-immigrant agenda. Instead of criminalizing immigrants, militarizing the border, building a border wall, and denying due process protections for immigrants, Congress should focus on permanent protections for long-time U.S. residents like Dreamers and recipients of Temporary Protected Status.

Elected officials must also hold hearings and investigations into national crises of Trump’s making: family separation, detention abuses, and the entanglement of federal immigration with state and local law enforcement.

Voting rights

Despite this week’s major rights victories, we still have a long way to go to ensure our electoral system is fair and accessible to everyone eligible to vote.

There are several vehicles Congress can advance to that end. The Voting Rights Advancement Act would restore protections that prevent and combat racial discrimination in voting in all elections. The Voter Empowerment Act would expand and modernize access to voting by advancing automatic, universal, online, and same-day voter registration; early voting and vote by mail; improvements for voters with disabilities; poll worker recruitment and training; and much more.

Building on last night’s success of Amendment 4 in Florida, which restores voting rights to 1.45 million formerly incarcerated individuals in that state, Congress can restore the right to vote in federal elections to another 4.7 million people in our country who have paid their debt to society.  

Congress should also hold oversight hearings on the unprecedented number of voter suppression practices that have infected the electoral process — and our democracy — across the country.

Women’s rights

It’s time to press forward with efforts to protect working women — and everyone else — from sexual harassment and other forms of discrimination and abuse in congressional offices and other U.S. workplaces.

The Congressional Accountability Act should be reformed to make working conditions better for congressional staffers, several of whom have come forward with horrific stories of abuse. This bill would create new rules to support and empower victims of harassment in the legislative workforce and increase accountability and transparency so that abuse doesn’t go unchecked.

LGBTQ Rights

With the Trump Administration continuing its crusade to dramatically roll back protections for transgender people through an extremely narrow definition of sex, it’s more important than ever that federal law explicitly protect LGBTQ people and include them in civil rights laws.

The Equality Act would provide comprehensive, nationwide civil rights protections to LGBTQ people by prohibiting discrimination against individuals on the basis of sexual orientation and gender identity, as well as filling gaps in the Civil Rights Act for women and people of color. The Equality Act would also ensure real, lived equality for LGBTQ people in many of the areas they are still vulnerable: housing, employment, and education.

Criminal Justice

It’s long past time to reimagine our justice system as one that ensures fairness and equity at all stages: from policing to pretrial, sentencing to reentry. The 116th Congress can take an important step in that direction by passing the Sentencing Reform and Corrections Act, which combines sentencing and prison reform to reduce mass incarceration in the federal prison system. The SRCA would reduce enhanced penalties that apply to people with prior drug convictions, eliminate “three-strikes” mandatory life without parole sentences for drug offenses, and give judges more discretion not to impose mandatory minimum sentences to help ensure they are not applied to individuals who have little or no criminal history.

This is just the beginning. There’s much more for a new Congress to do. It should also, among other things, protect workers across industries from abuse and harassment; guarantee access to safe and legal abortion for women nationwide; protect consumer privacy; and reform the government’s surveillance powers.

As always, we’ll be monitoring the activities of our congressional representatives and reporting back to their constituents.

More information on the ACLU’s congressional agenda is here.

Gabriela Meléndez Olivera, Political Communications Manager, ACLU